David Lammy has announced a new Hillsborough Law that will impose up to two years in jail for public servants who cover up state-related disasters. The legislation aims to ensure honesty and integrity within public office and provide better support for bereaved families.
Public servants who deliberately cover up state-related disasters will face up to two years in jail under a new Hillsborough Law, David Lammy has promised, addressing concerns from campaigners that the legislation might be weakened. The Deputy Prime Minister emphasized that the law will ensure all state actors, from police officers to high-ranking officials, will be held accountable for serious misconduct.
Writing in the Guardian, Lammy stated that the legislation will establish a new professional and legal duty of candour. This means that public servants will be legally obligated to act with honesty and integrity at all times, particularly when dealing with situations where something has gone wrong. Failure to comply with this duty could result in criminal prosecution.
The long-awaited Public Office (Accountability) Bill is set to be introduced in Parliament on Tuesday, following months of discussions between lawyers representing the Hillsborough families and government officials. The bill aims to address a historical lack of accountability for state wrongdoing, particularly in cases of large-scale disasters.
Previously, Keir Starmer had pledged to introduce the legislation by the 36th anniversary of the Hillsborough tragedy on April 15th. However, Downing Street later indicated that more time was needed to revise the bill. This delay raised concerns among some campaigners who feared that the bill’s contents might be diluted, particularly regarding the inclusion of a legal duty of candour.
Lammy clarified that the law includes a new professional and legal duty of candour, ensuring that public servants, regardless of their position, will be held to a higher standard of honesty and integrity. He added that those found in breach of the law could face up to two years in prison, alongside the replacement of the current offence of misconduct in public office with two new, more stringent offences.
Furthermore, the bill will expand legal aid availability to bereaved families at inquests whenever the state is represented by legal counsel. This aims to level the playing field and ensure that families have adequate resources to pursue justice and accountability.
The Hillsborough disaster, which occurred in 1989 during an FA Cup semi-final match between Liverpool and Nottingham Forest at Sheffield Wednesday’s Hillsborough stadium, resulted in the deaths of 97 football fans. The subsequent investigation and legal proceedings have been marked by allegations of police misconduct and attempts to cover up the truth.
Sue Roberts, whose brother Graham was unlawfully killed at Hillsborough, described the bill’s introduction as a “huge step in the right direction.” However, she emphasized that the families will continue to closely monitor the bill’s progress to ensure that it is passed in its entirety and fully enacted.
Some families and campaigners are expected to attend Downing Street on Tuesday to mark the bill’s introduction. Lawyers representing the Hillsborough families have expressed ongoing concerns that the “duty of candour” offence may be too narrowly defined, potentially allowing some public officials to escape legal consequences. They have been reassured by the government that plans are in place to amend the bill to cover combined authorities and local authorities.
The definition of “duty to assist” may also be broadened, with officials promising to include other bodies such as the Care Quality Commission, the Health and Safety Executive, and official ombudsman investigations. Pete Weatherby KC, a key architect of the original bill and a representative of many Hillsborough families, stated that survivors and bereaved families will be actively involved as the bill moves through Parliament.
“This bill is a major step forward,” Weatherby said. “It is sufficiently strong to affect culture change so public bodies tell the truth as matter of course rather than be dragged kicking and screaming.”
The expansion of legal aid for bereaved families has been particularly welcomed. Julia Waters, the sister of headteacher Ruth Perry, who took her own life following an Ofsted report, highlighted that her family had been forced to rely on crowdfunding to cover legal costs during an already emotionally challenging time. She believes the Hillsborough Law will prevent similar situations from occurring in the future.
Natasha Elcock, from Grenfell United, echoed this sentiment, stating that the bill will help ensure that bereaved and survivors are properly supported and that those in power are held accountable when things go catastrophically wrong. Lobby Akinnola, who lost his father early in the Covid pandemic, added that the bill is a crucial step towards justice, given the ease with which the truth can be delayed or denied.
